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Upcoming cases - Supreme Court

As at 17 July 2019

Sittings of the Supreme Court are open to the public.

Upcoming fixtures are set out below:

July fixtures list (pdf, 346 KB)

August fixtures list (pdf, 131 KB)

JULY

23 July

Case number	SC 23/2019 case information
Case name	The Queen P D Marshall v R(SC 23/2019) W D McKean W(SC 23/2019) A M Harvey Criminal Appeal
Judges	Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ
Case Summary	Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
Grounds on which leave was granted	Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
Supreme Court leave application decision	Not publicly available
Court of Appeal decision	Not publicly available
High Court decision	Not publicly available

25 July

Case number	SC 27/2019 case information
Case name	FTG Securities Limited A J Forbes QC and H M Weston v Bank of New Zealand T C Weston QC and K M Paterson Stephen John Tubbs and Colin Anthony Gower as receivers of Tuam Ventures Limited (in receivership and in liquidation) Robert Bruce Walker as Liquidators of Tuam Ventures Limited (in receivership and in liquidation) K C Francis Oral Leave Hearing
Judges	Winkelmann CJ, O'Regan and Williams JJ
Case Summary	Civil Appeal – Whether a prohibition on assignment of a deed of priority and subordination without the consent of the other party is enforceable – Whether the Court of Appeal erred in refusing to make declarations as to the interpretation of the deed of priority and subordination.
Court of Appeal decision	FTG SECURITIES LIMITED v BANK OF NEW ZEALAND [2019] NZCA 16 [20 February 2019]

AUGUST

19 August

Case number	SC 38/2019 \| SC 39/2019 case information
Case name	W (SC38/2019) CWJ Stevenson v The Queen A Markham The Queen A Markham v W (SC39/2019) CWJ Stevenson Criminal Appeal
Judges	Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ
Case Summary Grounds on which leave was granted	Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of the trial. Publication in law report or law digest permitted.
Supreme Court leave application	Not publicly available
Court of Appeal decision	Not publicly available
High Court leave decision	Not publicly available

21 and 22 August

Case number

SC 116/2018 case information

Case name

Lodge Real Estate Limited
LJ Taylor QC, MA Cavanaugh

Monarch Real Estate Limited
DH McLellan QC, MS Anderson

Brian King
DH McLellan QC, MS Anderson

Jeremy O’Rourke
LJ Taylor QC, MA Cavanaugh

Commerce Commission
JCL Dixon QC, LCA Farmer, DS Houghton

Civil Appeal

Judges

Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ

Case Summary

Civil Appeal – Commerce Act 1986, s 30 – Whether there must be a moral obligation for the purposes of price fixing – Whether there was an agreement to vendor fund – Whether the Court of Appeal erred in allowing the respondent’s appeal against the High Court’s decision.

Grounds on which leave was granted

Leave to appeal is granted (Commerce Commission v Lodge Real Estate Ltd
[2018] NZCA 523) on the question whether the Court of Appeal should have
allowed the respondent’s appeal to that Court except as set out at C below.
C
To the extent the application for leave seeks to argue that the respondent
had not adequately pleaded and to appeal from the dismissal of the
applicants’ cross-appeal the application is dismissed.

Supreme Court leave application decision

LODGE REAL ESTATE LIMITED v COMMERCE COMMISSION [2019] NZSC 28 [19 March 2019]

Court of Appeal decision

COMMERCE COMMISSION v LODGE REAL ESTATE LIMITED [2018] NZCA 523 [23 November 2018]

High Court leave decision

COMMERCE COMMISSION v LODGE REAL ESTATE LTD & ORS [2017] NZHC 1497 [2 November 2017]

27 August

Case number	SC 95/2018 case summary
Case name	Mark Edward Lundy J H M Eaton QC, J A Kincade, J Oliver-Hood v The Queen P J Morgan QC and A Markham Criminal Appeal
Judges	William Young , O'Regan, Williams, Arnold and Miller JJ
Case Summary	Criminal Appeal – Crimes Act 1961, s 385 – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction under the proviso to s 385(1) despite finding that certain evidence presented at trial was inadmissible.
Grounds on which leave was granted	The approved question is whether the Court of Appeal erred in applying the proviso to s 385(1) of the Crimes Act 1961.
Supreme Court leave application decision	MARK EDWARD LUNDY v R [2019] NZSC 45 [6 May 2019]
Court of Appeal decision	LUNDY v R [2018] NZCA 410 [9 October 2018]

OCTOBER

1 October

Case number	SC 29/2019
Case name	Vivien Judith Madsen-Ries and Henry David Levin as liquidators of Debut Homes Limited and Debut Homes Limited (in liquidation) v Leonard Wayne Cooper and Leonard Wayne Cooper and Tracey Cooper as trustees of the L & T Cooper Family Trust
Judges	Winkelmann CJ, William Young ,Glazebrook, O'Regan and Ellen France JJ

3 October

Case number	SC 25/2019
Case name	David Noel Roigard v The Queen
Judges	Winkelmann CJ, Glazebrook, O'Regan, Ellen France, and Williams JJ

30 October

Case number	SC 31/2019
Case name	Kalana Yasassri Dayaratne v New Zealand Police
Judges	Winkelmann CJ, William Young ,Glazebrook, O'Regan and Ellen France JJ

NOVEMBER

12 November

Case number	SC 40/2019
Case name	127 Hobson Street Limited and Sunil Govind Parbhu v Honey Bees Preschool Limited and Jason James
Judges	Winkelmann CJ, Glazebrook, O'Regan, Ellen France, and Williams JJ